# Disaster Debris Management: Requirements, Challenges, and Federal Agency Roles

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URL: https://www.frixlaw.com/law-library/documents/crs%3AR44941

## Record

- **Collection:** Congressional research report
- **Document type:** CRS Report
- **Published:** September 6, 2017
- **Citation:** R44941

## Text

Disaster Debris Management: Requirements,
Challenges, and Federal Agency Roles
name redacted
Analyst in Environmental Policy
Updated September 6, 2017

Congressional Research Service
7-....
www.crs.gov
R44941

Disaster Debris Management: Requirements, Challenges, and Federal Agency Roles

Summary
Every year, communities in the United States are affected by disasters such as hurricanes,
earthquakes, tornadoes, volcanoes, floods, wildfires, and winter storms. After a disaster, when a
region turns its attention to rebuilding, one of the greatest challenges often involves properly
managing disaster-related debris.
Disaster debris typically includes soils and sediments, vegetation (trees, limbs, shrubs), municipal
solid waste (common household garbage, personal belongings), construction and demolition
debris (in some instances, entire residential structures and all their contents), vehicles, food waste,
“white goods” (refrigerators, freezers, air conditioners), and household hazardous waste(cleaning
agents, pesticides, pool chemicals). Each type of waste may contain or be contaminated with
toxic or hazardous constituents.
In the short term, debris removal is necessary to facilitate the recovery of a geographic area. In
the long term, the methods by which these wastes are managed requires proper consideration to
ensure that their management (e.g., by landfilling) will not pose future threats to human health or
the environment.
Under a number of different conditions and authorities, several agencies may provide debris
removal assistance to communities affected by a disaster. For example, under certain conditions,
the Federal Emergency Management Agency (FEMA) provides funding for disaster debris
removal and/or approves direct federal assistance to certain entities that do not have the capability
to respond to a disaster. Also, under certain conditions, the U.S. Army Corps of Engineers and the
U.S. Environmental Protection Agency (EPA) may assist communities with debris removal
activities. For example, the Corps may perform right-of-way clearance, curbside waste pickup,
private property debris removal, and property demolition, and EPA may help coordinate the
collection and management of contaminated debris and household hazardous wastes.
This report focuses on the requirements applicable to disaster debris management and the
challenges that communities face when attempting to manage it both quickly and safely. This
report also provides an overview of the types of support provided by FEMA, the Corps, and EPA
with respect to disaster debris removal. A discussion of the programs or statutory authorities
under which that support may be provided is beyond the scope of this report. There are a number
of conditions under which federal agencies may support communities with disaster debris
removal. With respect to FEMA’s involvement in debris removal assistance, this report focuses
on support that may be provided after the President declares the incident to involve a “major
disaster” under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford
Act, P.L. 93-288, as amended).

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Contents
Introduction ..................................................................................................................................... 1
Disaster Debris Management .......................................................................................................... 1
Federal and State Waste Management Requirements ............................................................... 1
Keys Challenges with Managing Disaster Debris ..................................................................... 2
Volume ................................................................................................................................ 2
Difficulty Separating Contaminated Wastes ....................................................................... 3
Potential for Limited Participation by Returning Residents ............................................... 4
Agency Roles in Supporting Debris Removal ................................................................................. 8
Federal Agency Roles ............................................................................................................... 8
FEMA ................................................................................................................................. 9
The Corps .......................................................................................................................... 10
EPA ................................................................................................................................... 10
State and Local Agency Roles.................................................................................................. 11
Federal Role in Debris Management Planning ............................................................................... 11
For Additional Information............................................................................................................ 12

Figures
Figure 1. Mixed Disaster Debris ..................................................................................................... 4
Figure 2. FEMA Debris Removal Guidelines ................................................................................. 5
Figure 3. Waste Removal by Returning Residents .......................................................................... 6

Tables
Table 1. Types of Disaster Debris and Factors Affecting Management........................................... 6

Contacts
Author Contact Information .......................................................................................................... 13

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Introduction
Every year, disasters such as wildfires, floods, earthquakes, hurricanes, tornadoes, volcanoes, and
winter storms affect American communities. In the aftermath of a major disaster, a potential
threat to safety and obstacle to recovery is the presence of significant amounts of disaster debris.
Depending on the type of disaster, debris may include waste soils and sediments; trees, limbs, and
shrubs; man-made structures (e.g., collapsed homes, buildings, or bridges); and personal property.
Residents’ ability to return to the area and live in a safe and healthy environment may depend on
how quickly and effectively a community manages its debris.
To avoid overburdening existing landfill space, many communities attempt to divert as much
debris as possible from area landfills through recycling, burning, composting, or another method
of volume reduction. The logistics of such diversion can prove complicated without proper predisaster planning.
Improperly managing debris can have detrimental long-term repercussions. During or after a
disaster, some debris will likely become mixed with hazardous constituents. For example, under
flooding conditions, household hazardous waste or sewage may contaminate otherwise benign
personal property or building materials, such as drywall or carpeting. Improper disposal of
contaminated debris may lead to future environmental, health, or safety problems, such as
groundwater contamination.
This report provides an overview of federal and state waste management requirements relevant to
debris removal, as well as the challenges that can make it difficult for communities to manage
debris quickly and safely. To support those communities, a number of federal agencies may
provide certain types of debris removal assistance. This report provides an overview of federal
and state agency roles in disaster debris removal. A number of federal agencies are authorized to
support communities with disaster debris removal. This report focuses on support provided by the
Federal Emergency Management Agency (FEMA), the U.S. Army Corps of Engineers (the
Corps), and the U.S. Environmental Protection Agency (EPA). Each agency that provides debris
removal support may do so under a number of different conditions or statutory authorities.1 A
discussion of those various conditions or authorities is beyond the scope of this report.

Disaster Debris Management
Federal and State Waste Management Requirements
Federal waste management standards are established in the Solid Waste Disposal Act—more
commonly referred to as the Resource Conservation and Recovery Act of 1976 (RCRA; 42
U.S.C. §6901 et seq.). Under Subtitle C of RCRA, EPA has primary authority to regulate solid
waste identified as hazardous.2 Non-hazardous solid wastes and wastes explicitly excluded from
the Subtitle C requirements are regulated under Subtitle D of RCRA. EPA’s role in regulating
1 For example, FEMA’s involvement in debris removal assistance most often occurs after the President declares the

incident to involve a “major disaster,” under the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(Stafford Act, P.L. 93-288 as amended).
2 Solid waste is defined broadly under the law as “any garbage, refuse ... and other discarded material” (42 U.S.C.
§6903). Hazardous waste, a subset of solid waste, is defined as a solid waste that is either specifically listed in the
regulations (40 C.F.R. §§261.31-261.33) or meets specific criteria that make it toxic, ignitable (i.e., burns readily),
corrosive, or reactive (e.g., explosive) (40 C.F.R. §261.3).

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solid waste under Subtitle D has largely been to promulgate federal landfill criteria as necessary
to meet RCRA’s prohibition on “open dumping.”3
Under Subtitle D, states have primary authority to regulate waste and to implement and enforce
federal standards related to RCRA’s open dumping prohibition. Generally, the overwhelming
majority of disaster debris involves wastes regulated under Subtitle D. While not specifically
defined in federal law, the term disaster debris generally refers to waste materials created by or in
the aftermath of a natural or man-made disaster, such as:






construction and demolition (C&D) waste from destroyed buildings;
vegetative debris, soils, and sediment;
rotting materials, such as food or dead animals (e.g., pets or livestock);
damaged vehicles, consumer appliances, and electronic devices; and
hazardous chemicals or products, including those released from commercial,
industrial, agricultural, or residential sites.

These materials are handled by municipal waste management agencies every day—but not as
they would be after a disaster that destroys homes, businesses, and institutions, potentially turning
entire structures, their contents, and surrounding vegetation into waste.
Decisions about how the waste will be managed are made largely by local or state agencies. If
requested by a state or local government, EPA and/or the Corps may provide technical assistance
or operational oversight of the state’s debris removal activities (see discussion in the “Federal
Agency Roles” section). Ultimately, however, it is generally the state’s decision how its debris
will be managed.4 Typically, management will include some activity to reduce its volume.
Disaster debris reduction primarily involves open burning/incineration, recycling, chipping and
grinding, or composting. The remaining waste is generally disposed of in a landfill.
The fact that disaster debris may not be subject to federal hazardous waste management standards
does not mean the waste is not hazardous or will pose no risk to human health or safety or the
environment. State agencies responsible for managing disaster debris can face a number of
challenges in managing disaster debris quickly and safely.

Keys Challenges with Managing Disaster Debris
After a disaster, states generally attempt to manage disaster debris in a way that limits short- and
long-term threats to public health and safety or to the environment. Those threats arise if the
debris is not managed quickly, but they can also arise through improper reduction and disposal
practices. There are a number of factors that may make it difficult to both quickly and safely
manage disaster debris. After discussing several key challenges, Table 1 at the end of this section
lists the common categories of disaster debris and the challenges often associated with properly
managing each category.

Volume
One of the greatest challenges facing a community recovering from a disaster is the
overwhelming volume of debris generated. In 2005, Hurricane Katrina created more than 118
3 42 U.S.C. §6945(a).
4 In this report, the term waste management is used to refer to any activities undertaken to remove disaster debris. That

may include waste collection, separation, reduction (e.g., burning, shredding or recycling), or landfill disposal.

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million cubic yards (CY)5 of debris over a 93,000-square-mile area.6 Most disasters have not
generated debris on the scale of Hurricane Katrina (although Hurricane Harvey may). Still, many
have, in a single incident, generated debris in amounts that were several times greater than a
region would otherwise manage in an entire year.
The logistics of managing tens of thousands or millions of cubic yards of vegetative or C&D
waste may be a daunting task, even in a community that is prepared for such an event. When not
prepared, a region must coordinate the physical removal of debris and likely designate a
temporary staging area to sort and separate the waste before determining the appropriate
management method. If debris removal contractors have not already been identified, it may be
time-consuming to find a sufficient number of waste haulers able or qualified to do the work.
States generally try to lessen the burden on existing landfill facilities and potentially reduce costs
by reusing and recycling high volume wastes. However, those communities may lack the physical
space to fully implement reduction strategies. Also, if residents have begun to return to a disaster
area, there may be significant opposition to burning by community members who would be
affected by the smoke.7

Difficulty Separating Contaminated Wastes
The fact that most disaster debris is not subject to the RCRA Subtitle C hazardous waste
management requirements does not mean that the waste poses no hazard. Debris may be
inextricably mixed with or contaminated by harmful or hazardous constituents.
Safe management options, as well as the cost and time it takes to implement those options, will
depend on whether, or the degree to which, the contaminated debris can be separated from more
non-hazardous waste (see Figure 1). For example, vegetative debris often represents a significant
proportion of disaster debris. When clean, it can be chipped or ground up for re-use. It is
estimated that the volume of vegetative debris can be reduced by as much as 75% using this
method of waste reduction.8 Because of the potentially huge volume of vegetative debris
following a disaster, burning may be a preferred method of waste-handling (which is estimated to
reduce the waste by as much as 90%). However, burning or chipping for reuse may not be safe
options for reducing vegetative debris contaminated with sewage, oil, or other contaminants.
In the past, a sizable proportion of disaster debris was classified as C&D waste. Under federal
law, C&D waste is classified neither as hazardous waste nor as municipal solid waste (MSW).
Therefore, C&D landfills are not subject to federal design and operational criteria. For example,
C&D landfills are not required under federal law to have protective liners that an MSW landfill
would have. Instead, states determine what criteria a C&D landfill must meet, as well as what
materials constitute C&D waste. In the event of an emergency, a state may change the regulatory
definition of C&D waste to more broadly include large volumes of debris generated in the wake
of the disaster. If that C&D waste is commingled with hazardous materials, it may be disposed of
at landfills that are not designed to accept such wastes.

5 By way of comparison, a cubic yard is approximately the size of a conventional dishwasher.
6 Memorandum from Matt Jadacki, Deputy Inspector General, Office of Disaster Assistance Monitoring, Department of

Homeland Security, to Carlos Castillo, Assistant Administrator for Disaster Assistance, FEMA, August 13, 2007.
7 The impact to the community depends on the burning method used. For example, air curtain pit incinerators have
fewer environmental impacts than uncontrolled open-air burning.
8 FEMA, Public Assistance: Debris Management Guide, FEMA-325, July 2007, p. 23, https://www.fema.gov/medialibrary/assets/documents/25649.

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EPA suggests, and most states generally attempt, to remove hazardous materials such as asbestos,
lead-based paint, and other contaminated materials from C&D waste before landfill disposal.9
States may also attempt to lessen the burden on disposal facilities and potentially reduce costs by
reusing and recycling C&D waste. However, if hazardous materials are mixed with C&D waste to
the point that they cannot be segregated (see photo of mixed disaster debris in Figure 1), that
waste may end up being disposed in a landfill that is not meant to safely receive such waste.
Figure 1. Mixed Disaster Debris

Source: FEMA.

Potential for Limited Participation by Returning Residents
Generally, debris removal from private property does not qualify for federal funding because it is
considered a responsibility of individual property owners that may be covered by private
insurance. However, if home and business owners move disaster-generated debris to a public
right-of-way, federal funding may be available for its removal. Therefore, the speed with which
cleanup and rebuilding occurs may depend on how quickly residents are able to return to the area
and assist in debris removal from private property.
As noted, safe and efficient management of disaster debris may be difficult if different types of
debris cannot be separated. Returning residents are generally asked to separate debris as much as
possible (see FEMA Debris Removal Guidelines illustrated in Figure 2).

9 EPA, Planning for Disaster Debris, March 2008, pp. 22-24, https://www.epa.gov/homeland-security-waste/guidance-

about-planning-natural-disaster-debris.

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Figure 2. FEMA Debris Removal Guidelines
Separation after residents return

Source: FEMA

The greater the devastation, the longer it may take before residents can return and, in turn, the
greater the chance that some wastes will become contaminated and/or cannot be safely or easily
separated. If residents do not or cannot separate their waste, waste management contractors or
landfill operators may have to do so. Separating debris at a staging area or disposal facility is a
time-consuming, costly, and potentially dangerous process. (See Figure 3, a photo of mixed
debris left by residents in the right-of-way after Hurricane Sandy.)

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Figure 3. Waste Removal by Returning Residents

Source: FEMA.

Table 1 lists the categories of disaster debris and factors that may affect the management options,
including factors that may affect whether it can be safely or efficiently separated to reduce its
volume by burning, recycling, or reuse or disposed in a landfill that may not meet federal
standards of protection.
Table 1. Types of Disaster Debris and Factors Affecting Management
Debris
Category

Description

Factors That Can Affect Management

Construction &
demolition
(C&D) waste

Components of damaged or destroyed
buildings, roads, and other man-made
structures, such as lumber, gypsum
wallboard, glass, metal, roofing material,
tile, carpeting, pipe, concrete, asphalt,
utility poles, wires, furnishings, and
fixtures. The definition of C&D debris
may vary between states and waste
management agencies within a state.

May contain materials that must be removed
and handled in accordance with federal
standards, such as asbestos-containing
insulation or tiles or transformers containing
polychlorinated biphenyls (PCBs). C&D waste
may also be mixed with materials that affect
whether the debris can be safely recycled,
reused, or burned (e.g., lumber or wood
products that are chemically treated or coated
with lead-based paint or that contain termites).

Municipal solid
waste (MSW)

Personal belongings and general
household trash.

May be generated in volumes that overwhelm
existing landfill capacity or contaminate
otherwise non-hazardous wastes.

Vegetative
debris

Downed trees, branches, shrubs, and logs.

May require immediate removal when they
affect public access routes and critical
infrastructure. Often generated in large
amounts that can be substantially reduced by
burning or chipping. Reduction and reuse
options may be limited if contaminated.

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Debris
Category

Description

Factors That Can Affect Management

Soil, mud, and
sand

Earthen material deposited on property
and rights-of-way by floods, landslides,
high winds, or storm surges.

May be reused as fill on residential or
agricultural land. Options for reuse may be
limited if contaminated with sewage, pesticides,
fertilizers, or other chemicals that make it
unsafe for reuse.

Putrescibles

Materials that will rot or decay quickly,
such as fruits and vegetables, meats, dairy
products, and other produce from
grocery stores, restaurants, schools,
hospitals, and residences. It can also
include animal carcasses, such as pets or
farm animals.

May be composted or rendered to reduce
volume, but must be collected and managed
quickly to avoid attracting disease vectors, such
as rodents and flies. If not managed quickly,
putrescibles may contaminate otherwise benign
waste streams.

White goods

Destroyed or discarded household
appliances such as refrigerators, freezers,
air conditioners, washers, dryers, ovens,
ranges, heat pumps, water heaters, and
dishwashers.

Can generally be recycled but may contain
substances that must be removed according to
federal law (e.g., PCB capacitors, ozonedepleting refrigerants, or compressor oils).
Refrigerators may be contaminated with
putrescibles that must be removed. Proper
management may be challenging when white
goods are generated in tremendous numbers.

Vehicles and
vessels

Cars, trucks, and boats that are damaged,
destroyed, or abandoned as a result of
the incident.

Can generally be recycled if title and ownership
issues are addressed and hazardous fluids or
materials (such as motor oil, gas and gas tanks,
lead-acid batteries, tires, airbags, and mercury
switches) are drained or removed.

Household
hazardous
waste(HHW)

Household products that contain
corrosive, toxic, ignitable, or reactive
ingredients, such as motor oil, automobile
batteries, paints and solvents, household
cleaners and drain openers, swimming
pool chemicals, pesticides, and
compressed gas tanks (such as propane
and oxygen).

The presence of HHW can increase the overall
cost of waste management if it is not collected
and managed separately. States generally prefer
to do so, but it can become mixed with and
contaminate relatively benign household wastes.

Electronic
Waste (e-waste)

Computers, monitors, televisions,
printers, stereos, DVD players, and
telephones.

States generally separate electronic waste for
recycling because it often contains heavy metals
such as lead, chromium, cadmium, mercury, and
zinc and brominated flame retardants.

Infectious waste

Waste capable of causing infections in
humans, such as contaminated animal
waste, human blood and blood products,
medical and pathological waste, and
discarded sharps (needles, scalpels, or
broken medical instruments).

It may become mixed with and/or contaminate
otherwise benign waste and pose a risk to
waste handlers unaware of its presence.

Commercial or
industrial
hazardous waste

May include petroleum or other
hazardous substances that pose significant
risk to human health, safety, or the
environment released from above ground
or underground storage facilities or
containers (tanks or drums) or from
commercial or industrial facilities (e.g., gas
stations or dry cleaners).

May become mixed with and/or contaminate
otherwise benign waste. May contaminate
surface or groundwater if not quickly
contained, cleaned up, and properly managed.

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Source: CRS, using information in FEMA’s, Public Assistance Program and Policy Guide, Appendix D: Debris
Management Plan Job Aid, April 2017, https://www.fema.gov/media-library/assets/documents/111781; and EPA
guidance Planning for Disaster Debris, March 2008, https://www.epa.gov/homeland-security-waste/guidance-aboutplanning-natural-disaster-debris.

Agency Roles in Supporting Debris Removal
Federal Agency Roles
Federal debris removal assistance is most commonly provided in accordance with provisions of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (P.L. 93-288, as amended,
the Stafford Act).10 The Stafford Act and its implementing regulations set forth a process for a
governor to request and the President to declare an “emergency” or “major disaster”11 when an
event beyond the combined response capabilities of the state and affected local governments
occurs.12 The presidential declaration may also authorize all federal agencies, as necessary, to
provide assistance to respond to a disaster, including support for debris removal activities.13
Federal agencies may provide technical or other forms of assistance to communities affected by a
disaster under authorities other than those provided in the Stafford Act. The Department of
Homeland Security’s National Response Framework (NRF)14 presents the guidelines under which
all authorized federal agencies may respond to any disaster (i.e., not just those involving a
presidential declaration). Among other functions, the NRF summarizes the roles and
responsibilities of federal agencies to respond to an incident, under their existing authorities, and
establishes coordinated processes for agencies to take action within their respective areas of
expertise.
The NRF identifies and groups the capabilities of federal departments and agencies into 14
Emergency Support Functions (ESFs).15 The ESFs provide the structure for coordinating federal
interagency support for the federal response to an incident. The ESFs are mechanisms for
providing the planning, support, resources, program implementation, and emergency services
most likely to be needed. Two ESFs include debris removal missions:
1. ESF #3, Public Works and Engineering. This includes infrastructure protection
and emergency repair, infrastructure restoration, engineering services,
construction management, and critical infrastructure liaison. The Corps is the
lead agency to complete this ESF.16
10 42 U.S.C. §§5121-5206.
11 Assistance for debris removal is most commonly authorized after a major disaster declaration rather than an

emergency declaration.
12 For more information, see CRS Report R41981, Congressional Primer on Responding to Major Disasters and
Emergencies, by (name redacted).
13 Section 407; 42 U.S.C. §5173. The Stafford Act and implementing regulations use the term debris removal in a
broad sense to encompass the entire process of removing, handling, recycling, and disposing of debris (44 C.F.R.
§206.224).
14 See Department of Homeland Security, National Response Framework, 3rd. ed., June 2016, https://www.fema.gov/
media-library/assets/documents/117791.
15 ESF’s are listed on FEMA’s “Emergency Support Function Annexes” web page at https://www.fema.gov/medialibrary/assets/documents/25512.
16 See FEMA, National Response Framework, “Emergency Support Function #3—Public Works and Engineering
Annex,” https://www.fema.gov/pdf/emergency/nrf/nrf-esf-03.pdf.

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2. ESF #10, Oil and Hazardous Materials Response. This includes oil and hazardous
materials response and environmental safety and short- and long-term cleanup.
EPA is the lead agency to complete this ESF; the Corps provides support.17
The following sections provide an overview of the role that FEMA, the Corps, and EPA may play
in providing support to a local or state government’s disaster debris removal activities.18

FEMA
FEMA serves two primary roles in debris removal operations. First, it provides funding to eligible
applicants for eligible debris removal activities. Second, it may approve direct federal assistance
to an applicant (state or local government) that does not have the capability to respond to a
presidentially declared disaster.19
Federal funding for disaster-related debris removal is coordinated and provided by FEMA
primarily through its Public Assistance (PA) Grant Program.20 Under that program, FEMA
provides grant assistance to reimburse state, tribal, and local governments and certain types of
private nonprofit organizations for their response and recovery efforts. To be eligible for PA
funding, the debris removal work must be:




required as a result of the disaster event,
located within a designated disaster area, and
the legal responsibility of an eligible applicant.21

Activities eligible for assistance must be in the public interest, defined as activities that will:





eliminate an immediate threat to lives, public health, and safety;
eliminate immediate threats of significant damage to improved public or private
property;
ensure the economic recovery of the affected community to the benefit of the
community at large; or
mitigate the risk to life and property by removing substantially damaged
structures and associated appurtenances as needed to convert property acquired
through a FEMA hazard mitigation program to uses compatible with open space,
recreation, or wetlands management practices.22

If a local or state government determines that it lacks the capability to perform or contract for
eligible debris removal activities, the applicant may ask for assistance from the federal
government to complete the work.23 If FEMA approves the request, it may call upon another
federal agency to complete the activity. Support provided by outside agencies for debris removal
17 See FEMA, National Response Framework, “Emergency Support Function #10—Oil and Hazardous Materials

Response Annex,” https://www.fema.gov/pdf/emergency/nrf/nrf-esf-10.pdf.
18 As noted, each agency may provide debris removal assistance in accordance with various laws, regulations, or
executive orders, the discussion of which is beyond the scope of this report.
19 42 U.S.C. §5172.
20 For information, see CRS Report R43990, FEMA’s Public Assistance Grant Program: Background and
Considerations for Congress, by (name redacted) and (name redacted)
.
21 44 C.F.R. §206.223(a).
22 44 C.F.R. §206.224(a).
23 See procedures in 44 C.F.R. §206.203(b).

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may be done in accordance with a “mission assignment” from FEMA. The assignment functions
as a work order issued by FEMA to another federal agency to assist with disaster response.24 The
Corps and EPA are the agencies most commonly mission-assigned responsibilities involving
disaster debris removal.

The Corps
The Corps generally provides debris removal assistance after receiving a mission assignment
from FEMA. As delineated under ESF#3, the Corps may coordinate federal public works and
engineering-related support, as well as provide technical assistance, engineering expertise, and
construction management to prevent, prepare for, respond to, and/or recover from domestic
incidents. Depending on issues specific to the disaster, such as the type and scope of damage,
FEMA may mission assign to the Corps the responsibility to remove disaster debris from rightsof-way (e.g., roads and bridges), private property, or drainage structures or undertake emergency
demolition activities.25
The Corps may also provide technical assistance by helping local agencies develop debris
removal contracts. It may also provide personnel for debris removal teams, obtain contractors to
execute the mission, coordinate landfill and burn sites and the final disposal of debris, and train
and coordinate FEMA and local government debris monitors (entities tasked with ensuring that
debris is managed in a way that complies with the Stafford Act, federal and state waste
management requirements, or any other applicable law). If the debris is contaminated, the Corps
may coordinate with EPA to ensure that it is managed properly.
Apart from its potential to provide disaster assistance via a mission assignment from FEMA, the
Corps is responsible for maintaining navigable channels and waterways. With respect to debris
removal, the Corps is authorized to:




develop projects to collect and remove drift and debris from federally maintained
commercial harbors and land and water immediately adjacent to those areas,26
remove sunken vessels or other obstructions from navigable waterways under
emergency conditions,27 and
assist with debris removal from flood control works as necessary to protect
human life and improved property or to help communities recover from the
effects of disasters.28

EPA
As delineated in ESF #10, Oil and Hazardous Materials Response, EPA may respond to incidents
involving oil or hazardous materials. More specifically, EPA may respond to actual or potential
discharges of oil, hazardous substances, pollutants, and contaminants that may present an
imminent and substantial danger to public health or welfare. Such a response would be carried out
24 Requirements for “direct federal assistance” are specified at 44 C.F.R. §206.208.
25 See U.S. Army Corps of Engineers, “Debris Management,” http://www.usace.army.mil/Media/Fact-Sheets/Fact-

Sheet-Article-View/Article/475474/debris-management/.
26 33 U.S.C. §426m.
27 See Sections 15, 19, and 20 of the Rivers and Harbor Act of 1899, as amended (33 U.S.C. §§409, 414, and 415). In
accordance with its interpretation of these sections, Corps policy to use its emergency authorities to remove a sunken
vessel only if the owner/operator cannot be identified or cannot remove it in a timely and safe manner.
28 33 U.S.C. §701n.

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Disaster Debris Management: Requirements, Challenges, and Federal Agency Roles

in accordance with the National Oil and Hazardous Substances Pollution Contingency Plan, more
commonly referred to as the National Contingency Plan.29
Also, EPA may be mission assigned activities to ensure that hazardous wastes or materials are
managed properly.30 If requested by a local or state agency, EPA may assist with locating proper
sites for debris separation and disposal, managing contaminated debris and regulated wastes such
as refrigerants or asbestos-containing materials. EPA may help monitor debris management
methods (e.g., landfilling or burning) to ensure they are not implemented in a way that poses a
risk to human health or the environment. EPA may also work with other federal agencies
(particularly the Corps and the Coast Guard) to facilitate waste collection, segregation, and
disposal.

State and Local Agency Roles
States help coordinate local government requests for federal assistance and work with FEMA to
define the mission. The Corps coordinates with state representatives regarding operational issues.
Alternatively, state or local governments may accept the debris removal mission themselves and
apply to FEMA for reimbursement.
State environmental protection agencies or departments of environmental quality are the
environmental regulatory arms of state governments. A state environmental agency may issue its
own declaration of emergency after a disaster. A state declaration would specify how debris
removal operations should be carried out for the particular disaster. For example, after Hurricane
Katrina, the Louisiana Department of Environmental Quality expanded the definition of C&D
waste to essentially allow the entire contents of flooded homes in New Orleans to be disposed of
in C&D landfills. As noted, each state is authorized to implement its own waste management
program that includes making decisions about siting and regulating debris handling and disposal
sites.
Local agencies are generally responsible for providing rights-of-entry permits to allow the Corps
or its contractors to enter private property for debris removal activities (consistent with Corps
authorities), establishing criteria and procedures for classifying different types of debris, selecting
disposal methods, approving disposal operations, condemning properties, providing demolition
plans, and designating the appropriate type of landfill.

Federal Role in Debris Management Planning
Without proper pre-disaster planning, managing potentially huge volumes of mixed debris can be
complicated for an already overwhelmed community. According to FEMA, communities with a
proper plan in place are better prepared to restore public services and ensure the public health and
safety in the aftermath of a disaster and are better positioned to receive the full level of assistance
available to them from FEMA.31

29 For more information, see CRS Report R43251, Oil and Chemical Spills: Federal Emergency Response Framework,

by (name redacted) and (name redacted)
.
30 See News Release from EPA Region 7, “EPA Teams Collected Nearly 3,000 Tons of Residential Debris and
Hazardous Materials from December Flooding in St. Louis,” https://www.epa.gov/newsreleases/epa-teams-collectednearly-3000-tons-residential-debris-and-hazardous-materials.
31 See FEMA, Public Assistance: Debris Management Guide, FEMA-325, July 2007, p. i, https://www.fema.gov/
media-library/assets/documents/25649.

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FEMA encourages state, territorial, tribal, and local governments to establish a Debris
Management Plan (DMP), written procedures and guidance that the governments will use to
manage debris in an expeditious, efficient, and environmentally sound manner.32 FEMA provides
technical assistance to communities to develop DMPs and will approve plans that meet its
required criteria.33 Among other elements, a FEMA-approved DMP must identify the types of
incidents likely to occur in the region and the types of debris that would likely be handled after
those incidents. It must also identify the existing state or federal laws that would apply to the
handling and disposal of the types of debris likely handled.
On January 29, 2013, President Obama signed into law the Sandy Recovery Improvement Act of
2013 (P.L. 113-2). The law amends the Stafford Act to add Section 428, which authorizes
“alternative procedures” for FEMA’s Public Assistance program through a pilot program.34 More
specifically, the law directed FEMA to adopt alternative procedures that would further the goals
of:





reducing costs to the federal government of providing assistance,
increasing flexibility in administering assistance,
expediting the process of providing assistance, and
providing financial incentives and disincentives for the timely and cost-effective
completion of projects.35

Section 428 allows FEMA to take a number of actions to meet those goals with respect to debris
removal activities.36 For example, FEMA is authorized to fund debris management planning and
to provide incentives to state, tribal, or local governments to prepare a DMP for FEMA approval.
The incentive for having a FEMA-approved DMP is a one-time, 2% increase in funding above
the approved federal cost share for debris removal activities. Currently, FEMA is implementing
debris-related alternative procedures in accordance with pilot programs authorized through June
27, 2018.37

For Additional Information
The following information may be useful to understand requirements and federal agency roles in
various aspects of disaster debris removal:


FEMA, April 2017 Public Assistance Program and Policy Guide,
https://www.fema.gov/media-library/assets/documents/111781. See particularly
the discussion of issues and requirements related to debris removal on pages 4361 and “Appendix D: Debris Management Plan Job Aid.”

32

See FEMA, Public Assistance Program and Policy Guide, FP-1-4-009-2, April 2017, pp. 47-48,
https://www.fema.gov/media-library/assets/documents/111781.
33 Ibid. Details about required elements of a FEMA-approved DMP are provided in “Appendix D: Debris Management
Plan Job Aid.”
34 42 U.S.C. §5189f.
35 See “Goals of the procedures” codified at 42 U.S.C. §5189f(c).
36 Criteria required to be included in alternative procedures for debris removal assistance are codified at 42 U.S.C.
§5189f (e)(2). Also see FEMA, Public Assistance Program Alternative Procedures Pilot Program Guide for Debris
Removal, June 28, 2017, https://www.fema.gov/media-library/assets/documents/115868.
37 FEMA, Public Assistance Program and Policy Guide, p. 46.

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










FEMA, Public Assistance: Debris Management Guide, FEMA-325, July 2007,
https://www.fema.gov/media-library/assets/documents/25649.
FEMA, “Debris Removal and Demolition Fact Sheet,” https://www.fema.gov/
media-library/assets/documents/90745.
FEMA, “Alternative Procedures”, https://www.fema.gov/alternative-procedures.
Army Corps of Engineers, “Debris Management,” http://www.usace.army.mil/
Missions/Emergency-Operations/National-Response-Framework/DebrisManagement/.
FEMA, “FEMA and U.S. Army Corps Debris Mission,” Video discussing the
Corps’ mission assignment to manage debris removal from Hurricane Sandy.
Posted Nov. 22, 2012, https://www.fema.gov/media-library/assets/videos/81313.
EPA, Planning for Disaster Debris, March 2008, https://www.epa.gov/homelandsecurity-waste/guidance-about-planning-natural-disaster-debris.
CRS Report R43990, FEMA’s Public Assistance Grant Program: Background
and Considerations for Congress, by (name redacted) and (name redacted)
.
CRS Report R41981, Congressional Primer on Responding to Major Disasters
and Emergencies, by (name redacted).

Author Contact Information
(name redacted)
Analyst in Environmental Policy
#redacted#@crs.loc.gov
, 7-....

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/crs%3AR44941. Public record. Not legal advice.